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All land development activities shall be subject to the following
performance and design criteria.
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For the purpose of this chapter, the current version of the
following documents shall serve as the official standards and specifications
for stormwater management. A SWPPP or SDP that incorporates stormwater
management practices that are designed, constructed and maintained
in accordance with these technical documents, as well as other requirements
included in this chapter applicable to the regulated activity, shall
be presumed to meet the standards imposed by this chapter:
A.
The New York State Stormwater Management Design Manual:
(1)
Stormwater management practices must be selected, design, installed
and maintained to meet the performance criteria in the most current
version of the Design Manual using sound engineering judgment.
(2)
Stormwater management practices must be designed to meet the applicable
sizing criteria in the most current version of the Design Manual.
B.
The New York State Standards and Specifications for Erosion and Sediment
Control, (the Erosion Control Manual);
C.
The standards imposed by this chapter are intended to be consistent
with DEC SWPPP standards and the standards of the SPDES General Permit
for Stormwater Discharges From Construction Activities, most current
version, unless a supplemental standard is expressly identified in
this chapter.
D.
Technical standards equivalents shall additionally provide:
(1)
Where erosion and sediment control measures are not designed in conformance with the design criteria included in the Erosion Control Manual, the applicant or developer must include in the SWPPP the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards set forth in § 116-12A and B above; and
(2)
Where postconstruction stormwater management practices are not designed
in conformance with the performance criteria in the Design Manual,
the applicant or developer must include in the SWPPP the reason(s)
for the deviation and demonstrate that the alternative design is equivalent
to the technical standard.
E.
Performance standards required:
(1)
The applicant or developer shall minimize the discharge of pollutants
from equipment and vehicle washing, wheel wash water, and other wash
waters using clean water only. Soaps, detergents and solvents shall
not be used.
(2)
The applicant or developer shall minimize the exposure of building
materials, building products, construction wastes, trash, landscape
materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste and other materials present on the site to precipitation and
to stormwater. Minimization of exposure is not required in cases where
the exposure to precipitation and to stormwater will not result in
a discharge of pollutants, or where exposure of a specific material
or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use).
(3)
The applicant or developer shall prevent the discharge of pollutants
from spills and leaks and implement chemical spill and leak prevention
and response procedures.
Any land development activity shall not cause an increase in
turbidity in surface waters of the State of New York that will result
in substantial visible contrast to natural conditions.
